City of Hampton, Virginia
Ordinance - Coded
22 Lincoln Street
Hampton, VA 23669
Enactment Number: -
AN ORDINANCE TO AMEND CHAPTER 35,
35-1, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED SUBDIVISIONS TO
CORRECT A CITATION.
ARTICLE I. IN GENERAL
Sec. 35-1. Definitions.
For the purposes of this chapter,
the following words and phrases shall have the meanings herein ascribed to
Alleys are primarily
designed to serve as access to the side or rear of those properties whose
principal frontage is on some other street.
Arterial streets are
those to be used primarily for fast or high volume traffic; for efficient, safe
and direct connection to, or separation of, neighborhoods; for circulation to
destinations outside the residential area.
Buffer area is an area
of natural or established vegetation managed to protect other components of a
resource protection area and state waters from significant degradation due to
Chesapeake Bay Preservation
District (SPI-CBPD) means any land designated by the Hampton City Council pursuant to Part III of the Chesapeake Bay Preservation Area Designation
and Management Regulations, VAC 10-20-70 et seq., and Section 10.1-2107 of the
Chesapeake Bay Preservation Act, and pursuant to Chapter 17.3, Article X of the
Hampton City Zoning Ordinance. A Chesapeake Bay Preservation District shall
consist of a resource protection area and a resource management area.
City clerk shall mean
the clerk of the city council.
Clerk of the court
shall mean the Clerk of the Circuit Court of Hampton.
Coastal Barrier Resources System
means an area comprised of undeveloped barrier islands and associated wetlands
as designated under the Coastal Barrier Resources Act, 16 U.S.C.A. 3501.
Collector streets are
those which carry traffic from minor collector streets and residential streets
to the major system of arterial streets.
Comprehensive plan or portions
thereof are those coordinated plans in preparation or which have been
prepared by the planning commission for the physical development of the city,
or any plans, being portions of the comprehensive plan, prepared for the
physical development of the city that designate, among other things, plans and
programs to encourage the most appropriate use of land, lessen congestion
throughout the city and safeguard and promote the interests of public health,
welfare and safety.
is the action taken on the preliminary plat by the city manager.
Culs-de-sac are minor
streets with only one (1) outlet and having appropriate terminals for the safe
and convenient reversal of traffic movement.
Development means the
construction, or substantial alteration of residential, commercial, industrial,
institutional, recreational, transportation, or utility facilities or
Director of public works
shall mean the director of the department of public works of the city.
Final approval is the
final official action, in writing thereon, taken by the city manager on the
final plat or portion thereof that has previously received his conditional
Final plat is the plan
of the subdivision, or any portion thereof, prepared for filing for record by
the clerk of the court and conforming to the preliminary plat as conditionally
approved. After the clerk of the court has filed for record the final plat, it
shall thereafter be known as an authorized subdivision.
Improvement means any
physical alteration of real property. Included in the term are clearing
vegetation, grading, utility installation, filling, excavation, or construction
of any structure.
Intensely developed area
means that portion of the Chesapeake Bay Preservation District, delineated
within the resource protection area on the Chesapeake Bay Preservation District
Map, where development is concentrated and little of the natural environment
Minor collector streets
are those which carry traffic from residential streets to collector streets and
may include the principal entrance streets for major circulation within a
Nontidal wetlands are
those wetlands other than tidal wetlands that are inundated or saturated by
surface or ground water at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, as defined by the U.S.
Environmental Protection Agency and the Army Corps of Engineers, pursuant to
enforcement of Section 404 of the Federal Clean Water Act in 33 CFR
Preliminary plat is a
preliminary plan of the subdivision containing the elements and requirements
set forth in this chapter.
Property split is the
division of property into two (2) lots, either of which is less than five (5)
Public streets include
every way, lane, road, street and boulevard and every way or place in the city
open as a matter of right to public foot or vehicular travel.
Redevelopment is the
process of developing land that is or has been previously developed.
are those which are used primarily for access to the abutting residential
properties and are designed to discourage their use by through traffic.
Resource management area
is that component of the Chesapeake Bay Preservation District that is not
classified as the resource protection area. The RMA is comprised of land that
is contiguous to the variable width resource protection area buffer for a
distance of one hundred (100) feet in the landward direction.
Resource protection area
is that component of the Chesapeake Bay Preservation District comprised of
lands adjacent to water bodies with perennial flow that have an intrinsic water
quality value due to the ecological and biological processes they perform or
are sensitive to impacts which may result in significant degradation to the
quality of state waters. Resource Protection Areas include: (i) Tidal wetlands;
(ii) Non-tidal wetlands connected by surface flow and contiguous to tidal
wetlands or water bodies with perennial flow; (iii) Tidal shores; and, (iv) a
variable width buffer area not less than one hundred (100) feet in width. The
variable width buffer area shall be located adjacent to and landward of the
components listed in (i) through (iii) above, and along both sides of any water
body with perennial flow. The variable width buffer area shall also include
lands designated as part of the Coastal Barrier Resources System not otherwise
listed as a Resource Protection Area Feature where present. The buffer area
shall be designated as the landward component of the RPA notwithstanding the
presence of permitted uses, encroachments, and permitted vegetation clearing in
compliance with Chapter 17.3, Article X of the Hampton City Zoning Ordinance.
Review committee is a
group of persons, as defined in the zoning ordinance, which convenes to hear
requests for relief from the Chesapeake Bay Preservation District regulations
and to arbitrate Chesapeake Bay Preservation District boundary disputes.
Service drives are
minor streets, parallel and adjacent to arterial streets, which provide access
to abutting properties and protection from through traffic.
Subdivider is any
person proposing to make or to have made a subdivision.
Subdivision means the
division of a parcel of land into three (3) or more lots or parcels of less
than five (5) acres each for the purpose, whether immediate or future, or both,
of transfer of ownership or building development, or if a new street is
involved in such division, any division of a parcel of land. The term includes resubdivision
and, where appropriate to the context, shall relate to the process of
subdividing or to the land subdivided.
Tidal shore or shore
means land contiguous to a tidal body of water between the mean low water level
and the mean high water level.
Tidal wetlands are
vegetated lands which lie between and contiguous to mean low water and an
elevation above mean low water equal to the factor of one and one-half (1 1/2)
times the mean tide range, or nonvegetated land which lie contiguous to mean
low water and are between mean low water and mean high water.
is a development of land that cannot exist outside of the resource protection
area and must be located on the shoreline by reason of the intrinsic nature of
its operation. These facilities include, but are not limited to, (i) ports;
(ii) the intake and outfall structures of power plants, water treatment plants,
sewage treatment plants, and storm sewers; (iii) marinas and other boat docking
structures; (iv) beaches and other public water-oriented recreation areas; and
(v) fisheries or similar marine resources facilities.
(Code 1956, 20-1; Code 1964, 38-1; Ord. No. 109; Ord.
No. 602, 1-10-79; Ord. No. 958, 12-13-89; Ord. No. 990, 12-12-90; Ord. No.
1098, 8-11-93; Ord. No. 1258, 9-22-99; Ord. No. 1368, 5-12-04; Ord. No.
the regular meeting of the City Council of the City of Hampton, Virginia held
on September 24, 2008.
Signed by ____________________________ Date
Molly Joseph Ward, Mayor
Attested by ____________________________ Date _________________
Katherine K. Glass
Clerk of the Council